The Oxford Dictionary defines the word mutation as an action or process of
change in the form or structure. In revenue parlance, the mutation is the
transfer of right or ownership by any legal mode of transfer or inheritance of
the landed property from one person to another person or persons as laid down in
various classes of mutations. When a right holder dies, his name is removed from
the record and his/her successor/ successors, entitled to inherit are brought on
record, through the mode of mutation.
It is in place to mention that Standing Order 23-A, contains detailed
instructions for the Revenue Agency right from Patwari to the Revenue Officers,
at all levels of attesting and appellate officers which should be strictly
followed.
Para 106 of the Standing Order 23-A pertains to the instructions for Officers
which lays down that the Revenue officers are required to make themselves
familiar with the instructions as laid down in the Hidayats and they should
question their subordinates from time to time to ascertain that they are
acquainted with these instructions. Any point which seems doubtful should be
referred to their superiors for clarifications.
Part 104 lays down that mutations against the statutory provisions are not
recognized by law as held in a case titled
Bawa Sewa Nand Chela Shanker v. State
of J&K {1} that transfers that are not recognized by law are void and cannot be
enforced by mutations and that mutation cannot be carried out of a transaction
which contravened an express provision of the statutory law.
Mutation means an alteration of an entry in the revenue record. The object of
mutation is to bring entries in Record of Rights updated, as held by the Hon'ble
High Court of J&K in case
Rasheeda Akhtar v. State of Jammu and Kashmir {2}.
Mutations are attested to update and keep the record straight. Mutation does not
confer any title.
Mutations are made for the collection of rent as held by the Hon'ble High Court
of J&K in the case titled
Suram Chand v. State and others {3}. The court
held that the entries made in the revenue record are not conclusive proof of
ownership and the mutation attested in favor of any party does not confer the
absolute right.
The mutation is only a fiscal entry that does not confer a proprietary right on
any person as held in case
Nirman Singh v. Rudra Pratab Narain Singh {4}.
Mutations are subject to the decisions of the civil courts. All entries in the
revenue record are rebuttable in terms of section 31 of the J&K Land Revenue Act
1996.
Procedure for affecting mutations: Any person acquiring any right by
inheritance, purchase, gift, mortgage, or otherwise in an estate, including
occupancy/protected tenancy right, shall report such acquisition to the Patwari.
In the case of a minor, the guardian can report such an incident. The patwari
shall enter in the register of mutation every such report and also shall record
the fact in his Roznamcha Waquati. No alteration in Jamabandi is allowed without
the orders passed by the Revenue officer, on mutations.
Role Of Girdawar Qanungo, Naib Tehsildar And Tehsildar.
Girdawar Qanungo when on tour to the circle shall check the patwar register and
shall verify the mutation with the exiting entries of Jamabandi and shall record
his certificate on both, the Parat Parwar and Parat Sarkar that the Surat Sabiq
entries are correct as per jamabandi. However, Naib Tehsildar shall attest only
to undisputed mutations.
Naib Tehsildar and Tehsildar while on tour to the Halqa shall enquire into the
entries of the mutation register and may pass such orders as they think proper.
However, Naib Tehsildar shall attest only to undisputed mutations.
Where during the course of preparation or revision of record any dispute arises,
the Revenue Officer of the rank of Tehsildar shall hold a summary inquiry into
the title and pass such orders as are found physible. No order shall be passed
on a disputed mutation without giving an opportunity of being heard to the
parties. A fair inquiry is required to be conducted before passing an order.
Fair inquiry: fair inquiry shall mean that the interested parties are properly
summoned and heard in presence of the village Lamberdar, Chowkidar, and
zamindars to witness the proceedings. In case a party fails to turn up on the
date of spot inquiry, shall be given another opportunity to appear and put forth
their point of view. The absence of a party is no ground for rejecting the
mutation. No ex-party conclusion should be drawn hurriedly.
Types of mutations
- Succession or inheritance: Succession pertains to legal heirs of the
deceased and includes Khana Nasheen daughter, and adopted sons. It also includes the
succession due to the remarriage of a widow or daughter. Naib Tehsildar and
Tehsildar is competent to attest such mutations.
- Partition of a holding, privately or by an order of a Revenue Officer.
- Exchange of holdings legally made.
- Sale, by way of a registered deed and Naib Tehsildar, is also competent to
attest such mutations.
- Mortgages of a Property.
- Redemption of mortgages.
- Gift or bequest. Naib Tehsildar is also competent to attest such mutations.
- Nautor from Khata Khalsa. N aib Tehsildar is also competent to attest these
mutations.
- Water Mills, jandhars and gharats. Naib Tehsildar is also competent.
- Khata Khalsa for land taken up for roads, paths, and kohls.
- Relinquishment Deeds or dastbardari by owners.
- Grant of rights of occupancy or protected tenants. Naib Tehsildar is also
competent to attest such mutations.
- Alteration of rent by occupancy and Protected tenants.
- Ejectment of occupancy and protected tenants. Naib Tehsildar is also
competent to attest such mutations.
- Lease or wassidari grants.
- Mutations for correction of names [Sehat Naam].
- Mutation in the name of Managers of temples, mosques, or other religious
institutions.
- Gair Hazir and Gairkabiz. Naib Tehsildar is also competent for such
mutations.
- Sehat Indraj Naib Tehsildar is competent to attest only undisputed mutations
and in case of dispute, Tehsildar is competent.
- Tabdeel Haqiat.
- Transfer of land from one mauza (village) to another.
- Alluvion and Diluvion.
- Shamilat Mutations. Naib Tehsildar is also competent.
- Consolidation of Holdings mutations.
- Decrees and orders passed under any law by the courts both civil and
revenue courts.
- Mutations under Big Landed Estates Abolition Act Svt. 2007.
In the majority of cases, it is Tehsildar, Assistant collector Ist Class who is
competent to attest such mutations. Mutations also include the mutations under
Agrarian Reforms Act 1976 and Roshani Act 2001(now repealed).
Duties of the Patwari, Qanungo, and the Attesting Officers in respect of
attestation of mutations and the procedure thereof:
Duties of Patwari: It is the duty of the village Headman (Lamberdar) and village
Chowkidar to report all such matters which require a mutation to be entered and
attested, particularly about the death of a landholder, protected or occupancy
tenant, or otherwise. On receipt of such report or the information provided by
the legal successor of a deceased person, the Patwari shall enter such mutation
in the register of mutation, for the village or Estate.
The Patwari has to
complete Surat Sabiq of the mutation as per the existing recorded entries, with
his report in the remarks column. In
Parat Patwar and
Parat Sarkar, Surat
Sabiq is filled by the Patwari as per the entries of last Jamabandi, leaving
Surat Jadeed is completed after the orders are passed on the mutation. The
report of Patwari on Parat Patwaris is brief but the report on Parat Sarkar is a
detailed one.
Patwari is duty-bound to enter into the register of mutation any
mutation about inheritance within a period of three months of the death of a
right holder and within one month for a sale deed, after the receipt of
information. In the case of failure on the part of the Patwari, he is liable to
be punished with a fine or degradation unless a sufficient cause of delay is
justifiable. A Patwari who receives a fee not recognized by these rules shall be
liable to the punishment which may amount to dismissal from service.
Neglect of
duty on the part of the Patwari should be suitably punished. Whenever a Patwari
visits a village or mauza, he should enquire from the Lamberdar, Chowkidar or
other zamindars whether there is any mutation to be entered should also be
recorded in his Roznamcha Waquati. In case of simple inheritance, he shall write
up the mutation there and then. He shall write his report, in brief, giving the
source of information and shall also draw Shajra Nasab.
The signatures of the Lamberdar, chowkidar, and others present shall be obtained on Parat Sarkar. The
columns of the mutation shall be carefully written. Surat Jadeed shall be
completed only after the orders have been passed by the attesting officer.
Patwari shall also certify that the mutation has not been entered earlier. The
numbering of the mutation shall be continuous and each mutation shall be entered
on a separate page. Rejected mutations shall not be entered by the Patwari
unless orders are obtained on a separate file. Pencil entries, erasing, or
overwriting are prohibited. In case mutations of sale, gift, or mortgage, it
should indicate whether the share of Shamilat is included or not.
Duties of Girdawar Qanungo (GQ):
Girdawar Qanungo while on tour to his circle
shall examine the mutation register. He shall see and verify that the Surat
Sabiq of the mutation is correct and match the entries of the last Jamabandi.
He, after verifying and comparing the entries, has to make his report and put
his signatures on both Parats of the mutation certifying that the entries are
correct.
In the case of Nauto (newly broken fields, shall measure the boundaries
of the broken fields on spot and shall prepare Aks Khaka for the mutation.
Similarly, he has to do a similar exercise in cases of private partition.
Girdawar shall verify that the mutation has not previously been entered or
rejected by the attesting authority. Girdawar shall not, however, call the
parties unnecessarily for questioning. All facts need to be recorded by the
Girdawar Qanungo in the Fard Partal register.
In the case of Nautor (newly broken fields GQ shall ensure that no Kuhl or road
is obstructed or no damage is done to the camping grounds, cremation yards,
graveyards, or other places of common interest. In the case of Khalsa and Banjar
areas, he will carefully check the number of trees and shall record the same in
his report. In case of private partition by the landholders, the GQ has to show
and demarcate boundaries to the parties on spot. He will examine the report of
the patwari. It is not the duty of the GQ to call parties, record their
statements or give his opinion as to what orders should be passed. It is equally
important for the Attesting Officers to see before attesting the mutation that
it has been verified and Compared by the GQ and in absence of such verification
the Revenue Officer shall personally check the entries before attesting the
mutation.
Under these rules, a Revenue Officer has the powers to enforce the
attendance of the parties. In case he feels that the attendance of a party shall
amount to inconvenience and undue expenditure, the information can also be
obtained through interrogatories through Band Sawal, a person’s, residence. The
statement can also be obtained through the Tehsildar of the Tehsil if a person
resides outside his jurisdiction. In case of disputed mutations, the statements
of the parties and the witnesses shall be recorded and their signatures are
obtained on Parat Sarkar of the mutation. An exhaustive inquiry is warranted to
reach a logical conclusion. In case an Attesting Officer rejects a mutation, the
grounds of rejection shall be recorded. It may be in place to mention that a
wrongful rejection of a mutation may drag the parties to unnecessary litigation,
inconvenience, and waste of time and money.
Instructions for the Attesting Officers:
The attesting Officer must attest all
the mutations entered before drawing up a new jamabandi. All changes since
occurred need to be updated and recorded. The genealogical tree (Shajra Nasab)
is also updated. During the tour by a Revenue Officer to an estate or estates,
he shall attest all the pending mutations in presence of the parties. The
attesting officer shall see that there are no cuttings or overwriting or
clerical errors in the mutation. He shall see that the entries of both Parats
are compared by the Girdawar Qanungo. The Revenue Officer attesting the mutation
shall verify the facts from the parties interested, witnesses, Lamberdar and
Chowkidar, and the entries made therein shall be read out to the parties for
their satisfaction and testifying the correctness of the entries. In case the
parties interested are not present, he should provide them the further
opportunity to appear. The absence of the parties is not the ground for
rejecting a mutation.
In cases of sale and relinquishment deeds, the possession of the transferee
shall be ascertained before attesting the mutation. The identification of the
party's needs is ascertained both from the witnesses, Lamberdar and Chowkidar of
the village. The factum of possession also needs to be verified in cases of
sale, mortgage, and redemption of mortgage, gift, private partition ejectment,
or relinquishment of kasht by the tenants.
The orders on mutation Parat Patwar and Parat Sarkar shall be written by the
attesting officer in his handwriting and under his seal and signatures. The
orders on Parat Sarkar are detailed and self speaking. The orders on Parat
Partwar are written in brief.
The mutation work as for as possible should be done on sport in the village to
which it pertains. Pencil entries are objectionable and should not be resorted
to. The orders on Parat Sarkar shall bear all the details, found during the
course of an inquiry. It is incumbent upon the attesting officer to read out the
contents of orders passed, to the interested parties before obtaining their
signatures or thumb impressions on Parat Sarkar.
The mutation, Parat Sarkar; should be deposited by the attesting officer in
Tehsil Office without and delay and the mutation fee is deposited into the
treasury under the proper Head of Account. These mutations are arranged village
wise by the Tehsil Qanungo, shall form a part of the next Jamabandi. The
rejected mutations are sent to the record room for the record. No fee shall be
charged from Government departments for attesting mutations of acquisition of
land and other mutations.
When the orders on mutation are passed by the attesting Officer, the Surat
Jadeed is completed by the Patwari according to the orders passed on mutations.
In case a mutation is rejected, the Surat Jadeed entries should be struck out.
The Revenue Officer shall carefully see that Surat Jadeed entries of
Parat Patwar and
Sarkar, agree to each other and are compared by the GQ with his
certificate. Statements of the Parties, Lamberdar, Chowkidar, and other
witnesses present along with their signatures/thumb impressions shall be
recorded on
Parat Sarkar of the mutation. The attesting officer shall write
his name, designation and put his signatures on both Parats of the mutation
along with the date and place of attention.
The attesting Officer shall write the mutation order in his hand and the
practice of writing mutation by somebody else is not only highly objectionable
but illegal in the eyes of law. The number of mutations attested shall also be
recorded by the Attesting Officer in Farad Partal. The Patwari Should also
record the details of the mutations in his Roznamcha Waquati. All Revenue and
Settlement Officials are required to make themselves familiar with the
instructions contained in Hidayat. The superior Officers should question their
subordinates to ascertain that they are familiar with these instructions. Any
point which seems doubtful should be referred to the Superior Officers for
instructions and guidelines without any hitch and hesitation.
Review of Orders passed by a Revenue Officer or his predecessor:
Were the Tehsildar or the officer below after attesting the mutation comes to know that
some mistake or fraud has occurred and some new facts have emerged after passing
of his orders on the mutation, by him or by his predecessor, he may apply to the
District collector within a period of 90 days, seeking permission for reviewing
the orders.
On receipt of such permission, the Tehsildar shall pass fresh orders but he has
to hear the parties afresh. The provisions of review are not applicable after 90
days. Appeal or revision is the only remedy thereafter. Where an appeal or
revision has been filed, no review shall lie.
In case the review or revision is accepted by the competent authority, it has to
be given effect on the mutation itself if the original mutation has not been
given effect in the Jamabandi. In case the original mutation has been given
effect in the Jamanbandi, a fresh mutation shall be written and orders passed
thereon according to the spirit of the orders of revision or review. The entries
of Jamabandi are modified following the orders passed on a mutation.
Appeals and Revisions of mutations: Order passed on mutations by the Revenue
Officers are subject to review, revision, and appeals. These orders are fiscal
to keep the records straight. The detailed provisions about these are given in
chapter 11, sections 11 to 15 of the Jammu and Kashmir Land Revenue Act Svt.
1996. Mutation does not confer title. It is the proceedings of fiscal nature,
only to determine the revenue and cannot be evidence of title.
Mutation entries
do not convey or extinguish any title and those entries are relevant only for
the collection of land revenue. The orders passed on such mutations do not
confer the absolute right. Those orders are always subject to change under an
appeal or revision in various courts of competent jurisdiction. The jurisdiction
of the High Court is always open for a writ petition. The provision of appeals
and revisions are applicable as laid down in the Jammu and Kashmir Land Revenue
Act Svt. 1996.
The main classes of mutations: The main classes of mutations which the Revenue
Officers have to attest frequently are:
- Inheritance by succession:
When a landholder dies his name will be removed
from the record and that of the successors or legal heirs shall be entered in
his/her place. The relatives and friends living with the deceased will always be
in hurry to take possession of the property after his or her death. The Revenue
Officer, therefore, while conducting the summary inquiry must pay much attention
to the recorded entries than the oral statements. The village pedigree table
should be followed clearly before reaching a decision. The daughter of a
deceased Hindu with no male issue and the widow can also inherit as per Hindu
law. A window may forfeit her right on remarriage and the mutation of
inheritance will be attested in favor of the collaterals of her deceased
husband. The heirs of an owner are those who are recognized by law or custom and
those of occupancy tenants following the provisions contained in sections 67 and
68 of the Tenancy Act.
The land of an owner in a Bhaichara Estate, who dies heirless, shall become
Shamilat-Deh and in Non-Bhaichara estate, the land of such owners or occupancy
tenants who are directly under the state shall be put to the highest bidder in
an auction. In case an occupancy tenant directly under the state dies heirless
and leaves tenants of Grade-B, such B-grade tenants may purchase the right by
paying five times the land revenue to the Government.
The adopted son or daughter will have the right to inherit if the adoption deed
is valid and registered and the adopted son/daughter has the landed property of
the deceased owner.
Khana Nasheen (Resident Daughter) is a custom generally recognized in Kashmir
valley and Ladakh. In such a case, a Khana Damad is brought for the Kahana
Nasheen daughter. On the death of the father of Khana Nasheen's daughter, the
property is inherited by the daughter and not by the khana Damad. On the death
of khana Nasheen's daughter, the names of her sons and daughters are
substituted. In the case of Khana Nasheen, daughter dies issueless, the estate
will devolve on her husband till remarriage or death. On remarriage or death of
khana Damad, the estate will go back to the heirs of the father of Khana
Nasheen's daughter. In another case, a daughter other than Khana Nasheen shall
inherit as per personal law applicable to the deceased husband.
Under the provisions of Shri Partap J&K Laws consolidation Act Samvat 1977 the
customs prevalent in society or Community were recognized as Law, but now by the
advent of The Jammu and Kashmir Muslim Personal Law (SHARIAT) Application Act
2007 Consolidation Act 1997 has been repealed and it has been provided that all
questions regarding succession, marriage, divorce, guardianship, gifts, etc.
Shall be governed by Muslim Personal Law (i.e.) Shariat and not by the custom or
usage.
Hindu secession Act 1956, gives equal rights to sons, daughters, and the widow,
in case of self-acquired property of the deceased father and one share each to
daughter and widow in case of the co-parcenary estate having fallen in the share
of a father.
Law of inheritance applicable to Hindus and Muslims while attesting the
mutations of inheritance by the Revenue Officers is discussed herein below:
After the death of a Hindu who dies intestate the inheritance of the legal heirs
of the deceased shall be devolved on them according to the provisions of The
Hindu Succession Act 1956. The property may be of two kinds Jaddi (co-parcenery)
and self-acquired (Jadeed or self-created). In the case of the Jaddi property
the shares shall be worked out as under:
Father
S1 S2
D1 D2 Widow
Father + Sons multiply total heirs = 15 shares.
Two daughters and widows will get one share each and sons will get six shares
each. In case the deceased has more than one widow living each will get one
share. In case the property is occupancy or protected tenancy rights, it shall
go only to the male lineal descendants, in terms of section 67, of The Tenancy
Act. In the case of self-acquired property (Jadeed), the property shall be
inherited by all the legal heirs equally, irrespective of a male or female. An
adopted son, legally adopted under the provisions of the Hindu Adoption &
Maintenance Act shall have all the rights of inheritance of a natural son. A
female Hindu is also allowed to adopt a son under Hindu Law, subject to the
conditions as laid down in Hindu Adoption & Maintenance Act.
In the case of Muslims, the inheritance shall be according to the Muslim
Personal Law and not otherwise which has ceased to operate as of now. Adoption
is prohibited among Muslims. A Muslim who does not have a male issue can appoint
a Pisarparwarda, for assisting him in agriculture activities but he is not
entitled to inherit, however, the person who appoints Pisarparwarda may give him
some landed property out of love and affection from his estate.
In the same manner, the custom of having a Khana Nasheen daughter among Muslims
is also prevalent in some areas and tribes. The property in such case shall go
to the Khana Nasheen daughter and not to the Khana damad. After the death of the
Khana Nasheen daughter, khana damad shall inherit till life or re-marriage. In
case the couple dies issueless, the property will revert to the co-sharers.
- Mutations of Sale Deeds:
The mutation of a registered sale deed will be
attested by the attesting officer, on confirming the transfer of possession. The
parties are to be heard, the statement of witnesses present, Lamberdar,
Chowkidar, and other prominent landholders are recorded on Parat Sarkar of the
mutation with their signatures/thumb impressions. As of date, a mutation fee of
Rupees one thousand is charged for each sale deed mutation within the municipal
limits and Rupees one hundred outside the Municipal limits. The fee has to be
deposited into the Government treasury, under the proper head of account. A
mutation will only be attested if the sale and alienation of land are legally
permitted.
- Relinquishment Deeds (Dastbardari):
A landholder may relinquish his/her right
in favor of near relations through a registered deed. The possession of the
transferee has to be verified while attesting such mutation. The requisite fee
is also charged and remitted into the treasury by the Attesting Officer.
- Mutations of Managers of Institutions:
The appointment of the managers of
institutions like temples, gurudwaras, and mosques are made by the Deputy
Commissioner on the recommendations of the Tehsildar. Such, an appointment is
also made on the death of the Manager who was legally appointed by the competent
authority and the mutations can only be attested on receipt of such orders.
Managers for the institutions are appointed for the management of the affairs of
the institution concerning the maintenance of accounts of income and expenditure
only. They are not entitled to sell or alienate the property by way of any mode
of transfer.
- Sehat Indraj mutations:
It is the correction of entries of record and is made in the following
manner:
- Correction of clerical errors in the record such as the name, caste,
tribe, residence, or other particulars which do not affect any right of
a person, these changes shall be made on Fard Badar and in such cases, no mutation needs are
entered in the mutation register. It also includes the corrections in the
boundaries of the adjoining fields as found on the spot which does not match the
field map.
- In other cases where the right of a person is affected by way of
correction, Sehat Indraj, will be done on a mutation as laid down in Land Revenue Act or
the instructions issued by the Government or the authority so authorized by the
government, from time to time.
It is significant to mention that no order can be passed without giving the
parties an opportunity of being heard and the other witnesses present. The
statements of the Parties, Lamberdar, Chowkidar, and the witnesses are recorded
on Parat Sarkar of the mutation along with their signatures/thumb impressions,
for ascertaining the possession and the identification of the parties.
It is an
important mutation and should very carefully be done after application of mind
and the orders passed should be based on reasons and findings. The grounds of
correction should explicitly be mentioned in the orders of correction especially
in cases that are disputed. Tehsildar (Assistant collector 1st class), is
competent to attest these kinds of mutation. However, Naib Tehsildar may attest
to undisputed mutations only.
- Mutation by the orders of the Courts:
These mutations may include the
mutation under the orders of the courts or by the orders of a competent
authority. All such cases shall bear the details of the orders to be written by
the Patwari in red ink, in the remarks a column of the mutation, giving the tile
number, the rank of the officer, and the names of the parties in brief and the
brief text of the orders, These mutations shall not be sanctioned where the
transfer and transactions carried out are not recognized by law and are in
contraventions to the provisions of law.
In case of such decrees, the orders for their execution shall have to be
obtained from the District Collector before attesting the mutation by the
attesting officer.
- Mutations of Sehat Naam (Correction of Names):
The instances may come where
landholders may apply for the correction of their names against the recorded
entries in the revenue record, as are not correct. On receipt of such
application for correction, the Tehsildar has to get a notification published,
preferably in local newspapers, having the wide circulation in the area, for
inviting objections for such correction. After the expiry of the period of
notice, if no such objection is received, the mutation of Sehatnaam is
sanctioned by the attesting officer of the rank of Assistant Collector of the
first class, and the orders passed are given effect in the record. Before
passing such an order a proper identification is required to be done especially
when such correction is objected to by somebody.
Points to remember:
- Mutation register has two parts, Parat Patwar and Parat Sarkar. The register
bears printed page numbers and is generally of hundred leaves.
- Patwan shall enter the mutation, as and when reported to him. Columns of the
register should be written carefully by the Patwari along with a report in the
remarks column stating that the mutation has not been entered and attested
earlier. The report on Parat Sarkar is in detail and brief on Parat Patwar.
- The mutation has to be entered as per the existing entries in the record
in Surat Sabiq and Surat Jadeed is left blank and is completed after the orders are
passed by the attesting officer.
- Girdawar Qanungo must compare the entries of Surat Sabiq with the record
and shall write a certificate that the entries made in Surat Sabiq are
correct according to the record. The attesting officer must also ensure
before attesting the mutation that the entries have been compared along with
his certificate on both Parats of the mutation, concerning their
correctness.
- Erasures, overwriting, and pencil entries are prohibited.
- The Serial number of the mutations should be continuous and no Bata
numbers are allowed.
- The Tatima Shajras wherever required, shall be traced on the mutation sheets,
particularly on a mutation of sale deeds, gift deeds, partition deeds, and
mutations attested under Agrarian Reforms Act 1976, more particularly in cases
of sections 7 and 12 of the Act.
- Parties should not be called by the girdawar unnecessarily.
- Attesting officers shall pass orders on the mutations after hearing the
parties. A mutation shall not be rejected on the mere grounds of the absence
of the parties. The attesting officer must conduct a detailed inquiry on
spot, in presence of the parties, Lambardar, Chokidar, and other witnesses, and shall
obtain their signatures on Parat Sarkar. The reasons for attesting or rejecting
a mutation shall categorically be recorded on Parat Sarkar.
- The attesting officer shall write the mutation in his hand and the
orders passed should be clear and speaking one.
- In case of mutations of sale deed, relinquishment deed, and the
mortgagees, the possession of the parties must be ascertained before passing
the orders. Mere registration of a deed does not confer a right and is not
sufficient.
- The Parat Sarkar of the mutations shall be kept by the attesting officer in
his custody and should be deposited in Tehsil's office forthwith after the fees
are remitted into the treasury.
- No change in revenue record or record of rights of the landholders can
be effected in the revenue record, except for the orders passed by the
Revenue Officer on the mutations.
However, the clerical errors which do not tell upon
the rights of the parties can be corrected on the Fard Bader.
Reference:
- The Jammu and Kashmir Land Revenue Act Svt. 1996.
- The Jammu and Kashmir Partition Rules 1970.
- The Jammu and Kashmir Tenancy Act Svt. 1980.
- The Jammu and Kashmir Agrarian Reforms Act 1976.
- The Jammu & Kashmir Agrarian Reforms Rules, 1977, vide SRO No. 58 of Ist
February 1977.
- Government Order No. Rev.(LB) 133 of 1989, regarding the correction of
girdawari entries of Kharief 1971.
- The Jammu and Kashmir State Land Acquisition Act Svt. 1980 and Rules.
- Circular order (LB)-10/80 of 23-2-1980 issued by the Revenue.
- The Jammu and Kashmir Land Grants Act and Rules.
- Chowkidar Act and Rules.
- Lambardari Act and Rules.
- The Jammu & Kashmir Common Lands (Regulation) Act, 1956.
- The Jammu and Kashmir State Lands (Vesting of Ownership to the
Occupants) Rules 2007. (As amended up to 2008).
- Public Services Guarantee Act 2011
- Public Services Guarantee Rules 2011 vide SRO 223 dated 21-07-2011
issued by GAD.
- Standing Order No. 22-Girdawari
- Standing Order No.23-B Record of Rights and Jamabandi
- Standing Order No.23-A Mutations.
- The Jammu and Kashmir Muslim Personal Law (SHARIAT) Application Act
2007.
End Notes:
- OWP No: 515/2002: 2007(2) JKJ HC-83.
- 2005 (II) SLJ 785, 2006 (2) KLJ 384.
- 2009 KLJ 140, 2009 KLJ 531.
- AIR 1926 PC 100
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